Mock+Trial+Procedures

= = =** Mock Trials begin on Monday, May 3rd. **= = = =Mock Trial Procedures= Trial parts assigned, worksheets downloaded and shared with Mr. Sagan on google docs. 4/23 = = =Mock Trial Performance Rubrics=

Opening Statement [|Opening Rubric R1.5.doc]

Direct Examination [|DirectExam rubricR 1.6.doc]

Witness [|Witness RubricR 1.6.doc]

Cross Examination [|crossexam rubricR 1.5.doc]

Closing [|closing outline rubricR 1.6.doc]

=The worksheets for the preparation of your parts in the trial are below:= = = =Opening Statements =

=1. Plaintiff/Prosecution (P/P) introduction and opening statement= =2. Defense (D) attorney introductions and opening statement=

=Witness Testimony = =1. Direct examination of P witnesses= =2. Cross-examination by D of P witness = =3. Redirect examination of P witness= =4. Re-cross by D of P witness= =5. P rests= =6. Direct examination of D witnesses= =7. Cross-examination by P of D witnesses= =8. Redirect examination of D witnesses= =9. Re-cross of D witness= =10. D rests=

=Closing Arguments = =1. D closing arguments= =2. P closing arguments=

=Deliberation= =1. The presiding judge will call a recess and s/he and the jury will leave the room to complete their score sheets.= =2. When the judge returns, he will “debrief” the teams about their performances.=

=THE OPENING STATEMENT=

=The opening statement is first given by the plaintiff or prosecution, then the defense. Opening statements should:= =􏰀 Outline the case – provide a framework to analyze the case= =􏰀 State the facts of the case that you expect to prove= =􏰀 Explain facts which may seem to be against you= =􏰀 (defense in criminal cases) stress the state’s burden of proof, i.e., show guilt beyond a reasonable doubt= =􏰀 don't be argumentative= =􏰀 don't make any conclusions= =􏰀 do not refer to evidence if its admissibility is doubtful because it may violate one of the Rules of Evidence= =2. Begin with a formal address to the judge: “May it please the court, Your Honor, Counsel, my name is ___, counsel for__ ___in this action.”__= =3. The opening statement, which outlines the case, may be presented in chronological order or another orderly sequence of events.= =4. Proper phrasing includes:= =􏰀 “The evidence will indicate. . . . “ 􏰀 “Thefactswillshow....“ 􏰀 “Witnesses will present evidence to show. . . . .” 􏰀 “Witness A will testify on the state’s/plaintiff’s behalf that. . . .” 􏰀 “Witness B will tell you. . . . .”= = = =DIRECT EXAMINATION=

=1. Direct examination is conducted by the attorneys of their own witnesses. It should be designed to get facts from the witnesses which are understandable and, hopefully, to convince the Court to accept your position. Questions on direct examination should:= =􏰀 Make the witness seem like he or she ought to be believed 􏰀 Keep the witness “in control” (prevent the witness from rambling since this= =might weaken the effect on his or her evidence) 􏰀 Not be leading (where the attorney is telling the story for the witness)=

=2. The attorney calls the witness for direct examination: 􏰀 “Your Honor, we call .”= =After the witness is sworn in (usually done for all witnesses in pretrial matters in mock trial), some introductory questions should be asked:= =􏰀 Name, address and occupation 􏰀 Length of residence or present employment, if this information is relevant in= =establishing the witness’ credibility= =􏰀 Further questions about professional qualifications if you wish to qualify the witness as an expert= =3. Examples of proper questions on direct examination:= =􏰀 “Directing your attention to (date), could you please tell the court what occurred?”= =􏰀 “What happened then? Or, what did you see?” 􏰀 “Howlongdidyousee...?” 􏰀 “Did John (defendant) say anything about. . .?” 􏰀 “How long have you worked with Ms. Smith?”= =4. Conclude your direct examination:= =“Thank you, _. That will be all, Your Honor.” Or, “I have no further questions for this witness, Your Honor.” (The witness remains on the stand for cross-examination by the opposing attorney.)= = = =CROSS EXAMINATION=

=1. Cross-examination follows the opposing attorney’s direct examination of his or her own witness. The purposes of cross examination are to:= =􏰀 Test the witness’ trustworthiness and believability in order to cast doubt on the validity of the witness’ story= =􏰀 Establish some of the facts of the cross examiner’s case wherever possible= =2. Cross examination should:= =􏰀 Use leading questions which are aimed at getting “yes” or “no” responses= =􏰀 Never include questions to which the attorney does not know the answer= =3. Proper phrasing of questions include:= =􏰀 “Isn’t it afact ...?” 􏰀 “On (date), when you made a statement in your attorney’s office, you= =said that. . . ., didn’t you?”= =4. Cross-examination should conclude with, “Thank you, __. That will be all, Your Honor.”= =CLOSING ARGUMENTS= =Closing arguments should:= =􏰀 Being with a proper address to the court= =􏰀 Persuasively and forcefully summarize the strong points from witness testimony= =􏰀 Note flaws in the testimony which support the claims of your side= =􏰀 Be well-organized (it may be wise to present the strongest point at the outset and again at the end of the closing argument)= =􏰀 If representing a defendant in a criminal case, the prosecution will raise questions about the weight of the evidence= =􏰀 Be presented so that notes are barely necessary and eye contact can be established= =􏰀 Be emotional and strongly appealing (unlike the “neutral” opening statements)=